Kansas Statutes 72-2254. Same; commencement of hearing, when; procedural requirements
Terms Used In Kansas Statutes 72-2254
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college. See Kansas Statutes 72-2252
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- persons: includes one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives. See Kansas Statutes 72-2218
- Secretary: means the secretary of labor or a designee thereof. See Kansas Statutes 72-2218
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Teacher: shall mean and include teachers, supervisors, principals, superintendents and any other professional employees who are required to hold a teacher's or school administrator's certificate in any public school. See Kansas Statutes 72-2215
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
The hearing provided for under Kan. Stat. Ann. § 72-2253, and amendments thereto, shall commence within 45 calendar days after the hearing officer is selected unless the hearing officer grants an extension of time. The hearing shall afford procedural due process, including the following:
(a) The right of each party to have counsel of such party’s own choice present and to receive the advice of such counsel or other person whom such party may select;
(b) the right of each party or such party’s counsel to cross-examine any person who provides information for the consideration of the hearing officer, except those persons whose testimony is presented by affidavit;
(c) the right of each party to present such party’s own witnesses in person, or their testimony by affidavit or deposition, except that testimony of a witness by affidavit may be presented only if such witness lives more than 100 miles from the location of the technical college, institute of technology at Washburn university or community college, or is absent from the state, or is unable to appear because of age, illness, infirmity or imprisonment. When testimony is presented by affidavit the same shall be served upon the board of control, the secretary of the board of trustees or the agent of the board and upon the teacher in person or by first-class mail to the address of the teacher which is on file with the board not less than 10 calendar days prior to presentation to the hearing officer;
(d) the right of the teacher to testify in the teacher’s own behalf and give reasons for the teacher’s conduct, and the right of the board to present its testimony through such persons as the board may call to testify in its behalf and to give reasons for its actions, rulings or policies;
(e) the right of the parties to have an orderly hearing; and
(f) the right of the teacher to a fair and impartial decision based on substantial evidence.